85S10600 NC-F
	By: Burton	S.B. No. 13

	A BILL TO BE ENTITLED
	AN ACT
	relating to the issuance of a permit by a political subdivision.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 214.904, Local Government Code, is
	amended to read as follows:
	Sec. 214.904.  PROCEDURES AND PERIOD [TIME] FOR APPROVAL OR
	DENIAL [ISSUANCE] OF MUNICIPAL BUILDING PERMIT APPLICATIONS;
	PROHIBITED PERMIT REQUIREMENTS. (a) This section applies [only]
	to any [a] permit required by a municipality to construct [erect] or
	improve a building or other structure in the municipality or its
	extraterritorial jurisdiction.
	(b)  Not later than the 30th [45th] day after the date an
	application for a permit is submitted, the municipality must:
	(1)  grant or make a preliminary determination to deny
	the permit;
	(2)  provide written notice to the applicant stating
	the reasons why the municipality has been unable to act on [grant or
	deny] the permit application; or
	(3)  reach a written agreement with the applicant
	providing for a deadline not later than the 120th day after the date
	the application was submitted for granting or denying the permit.
	(c)  For a permit application for which notice is provided
	under Subsection (b)(2), the municipality must grant or make a
	preliminary determination to deny the permit not later than the
	15th [30th] day after the date the notice is received. A
	municipality may not extend the period for the municipality to act
	on an application under this subsection more than once.
	(d)  If a municipality fails to act on [grant or deny] a
	permit application within [in] the period [time] required by
	Subsection (c) or by an agreement under Subsection (b)(3), the
	permit application is considered approved and the municipality:
	(1)  may not collect any permit fees associated with
	the application; and
	(2)  shall refund to the applicant any permit fees
	associated with the application that have been collected.
	(e)  If a municipality makes a preliminary determination to
	deny a permit application, the municipality must send written
	notice of the determination to the applicant not later than the
	first business day after the date the determination is made
	stating:
	(1)  each application deficiency that is a reason for
	the determination, including a citation to the specific ordinance,
	order, regulation, or policy relevant to the determination;
	(2)  the specific actions required by the applicant to
	remedy each specified deficiency; and
	(3)  a deadline not earlier than the 30th day after the
	date the notice is sent for the applicant to complete the remedial
	actions specified in the notice before the denial becomes final.
	(f)  If an applicant substantially completes the remedial
	actions specified in the notice under Subsection (e) within the
	period required, the applicant may request reconsideration of the
	determination. The municipality shall grant the permit if the
	municipality determines the applicant has substantially completed
	the specified remedial actions. Not later than the 15th day after
	the date the applicant's request for reconsideration is received,
	the municipality shall send the applicant written notice of a final
	determination to grant or deny a permit application. If the
	municipality fails to send notice of a final determination within
	the period required by this subsection, the permit application is
	considered approved.
	(g)  Written notice of the municipality's final
	determination that a permit is denied must include the information
	required by Subsections (e)(1) and (2) in addition to written
	findings of the reasons the municipality determined that any
	remedial actions taken by the applicant were insufficient to
	correct the deficiencies specified in the notice provided under
	Subsection (e).
	(h)  Any final determination that a permit is denied may not
	be based on:
	(1)  a reason or remedial requirement that was not
	previously disclosed to the applicant in the notice required under
	Subsection (e); or
	(2)  a requirement for the applicant to comply with any
	ordinance, order, regulation, or policy that is not substantially
	related to the construction or improvement of a building or other
	structure.
	(i)  A municipality may not adopt or enforce an ordinance,
	order, regulation, or policy relating to granting or denying a
	permit under this section that:
	(1)  restricts or prohibits the right of an applicant
	to reapply for a permit to construct or improve the same building or
	other structure that was the subject of a denied permit
	application;
	(2)  requires a private employer to offer wages higher
	than the wages required under Chapter 62, Labor Code; or
	(3)  authorizes on-site monitoring of a private
	employer by a nongovernmental entity.
	SECTION 2.  Section 233.901, Local Government Code, is
	amended to read as follows:
	Sec. 233.901.  PROCEDURES AND PERIOD [TIME] FOR APPROVAL OR
	DENIAL [ISSUANCE] OF COUNTY BUILDING PERMIT APPLICATIONS;
	PROHIBITED PERMIT REQUIREMENTS. (a) This section applies [only]
	to any [a] permit required by a county [with a population of 3.3
	million or more] to construct or improve a building or other
	structure in the county, but does not apply to a permit for an
	on-site sewage disposal system.
	(b)  Not later than the 30th [45th] day after the date an
	application for a permit is submitted, the county must:
	(1)  grant or make a preliminary determination to deny
	the permit;
	(2)  provide written notice to the applicant stating
	the reasons why the county has been unable to act on the permit
	application; or
	(3)  reach a written agreement with the applicant
	providing for a deadline not later than the 120th day after the date
	the application was submitted for granting or denying the permit.
	(c)  For a permit application for which notice is provided
	under Subsection (b)(2), the county must grant or make a
	preliminary determination to deny the permit not later than the
	15th [30th] day after the date the notice is received. A county may
	not extend the period for the county to act on an application under
	this subsection more than once.
	(d)  If a county fails to act on a permit application within
	[in] the period [time] required by Subsection (c) or by an agreement
	under Subsection (b)(3), the permit application is considered
	approved and the county:
	(1)  may not collect any permit fees associated with
	the application; and
	(2)  shall refund to the applicant any permit fees
	associated with the application that have been collected.
	(e)  If a county makes a preliminary determination to deny a
	permit application, the county must send written notice of the
	determination to the applicant not later than the first business
	day after the date the determination is made stating:
	(1)  each application deficiency that is a reason for
	the determination, including a citation to the specific ordinance,
	order, regulation, or policy relevant to the determination;
	(2)  the specific actions required by the applicant to
	remedy each specified deficiency; and
	(3)  a deadline not earlier than the 30th day after the
	date the notice is sent for the applicant to complete the remedial
	actions specified in the notice before the denial becomes final.
	(f)  If an applicant substantially completes the remedial
	actions specified in the notice under Subsection (e) within the
	period required, the applicant may request reconsideration of the
	determination. The county shall grant the permit if the county
	determines the applicant has substantially completed the specified
	remedial actions. Not later than the 15th day after the date the
	applicant's request for reconsideration is received, the county
	shall send the applicant written notice of a final determination to
	grant or deny a permit application. If the county fails to send
	notice of a final determination within the period required by this
	subsection, the permit application is considered approved.
	(g)  Written notice of the county's final determination that
	a permit is denied must include the information required by
	Subsections (e)(1) and (2) in addition to written findings of the
	reasons the county determined that any remedial actions taken by
	the applicant were insufficient to correct the deficiencies
	specified in the notice provided under Subsection (e).
	(h)  Any final determination that a permit is denied may not
	be based on:
	(1)  a reason or remedial requirement that was not
	previously disclosed to the applicant in the notice required under
	Subsection (e); or
	(2)  a requirement for the applicant to comply with any
	ordinance, order, regulation, or policy that is not substantially
	related to the construction or improvement of a building or other
	structure.
	(i)  A county may not adopt or enforce an ordinance, order,
	regulation, or policy relating to granting or denying a permit
	under this section that:
	(1)  restricts or prohibits the right of an applicant
	to reapply for a permit to construct or improve the same building or
	other structure that was the subject of a denied permit
	application;
	(2)  requires a private employer to offer wages higher
	than the wages required under Chapter 62, Labor Code; or
	(3)  authorizes on-site monitoring of a private
	employer by a nongovernmental entity.
	SECTION 3.  Sections 245.001(1) and (3), Local Government
	Code, are amended to read as follows:
	(1)  "Permit" means a license, certificate, approval,
	registration, consent, permit, contract or other agreement for
	construction related to, or provision of, service from a water or
	wastewater utility owned, operated, or controlled by a regulatory
	agency, or other form of authorization required by law, rule,
	regulation, order, or ordinance that a person must obtain to
	perform an action, including engaging in an occupation, or
	initiate, continue, or complete a project for which the permit is
	sought.
	(3)  "Project" means an endeavor, occupation, or
	activity over which a regulatory agency exerts its jurisdiction and
	for which one or more permits are required to initiate, continue,
	engage in, or complete the endeavor, occupation, or activity.
	SECTION 4.  Section 245.002, Local Government Code, is
	amended by amending Subsections (a-1) and (e) and adding
	Subsections (e-1) and (f-1) to read as follows:
	(a-1)  Rights to which a permit applicant is entitled under
	this chapter accrue on the filing of an original application or plan
	for development or plat application that gives the regulatory
	agency fair notice of the project and the nature of the permit
	sought.  An application or plan is considered filed on the date the
	applicant delivers the application or plan to the regulatory
	agency, [or] deposits the application or plan with the United
	States Postal Service by certified mail addressed to the regulatory
	agency, or submits the application electronically if the regulatory
	agency accepts applications electronically by a method that
	provides confirmation of receipt.  A certified mail receipt or
	other confirmation or receipt obtained by the applicant at the time
	of deposit or submission is prima facie evidence of the date the
	application or plan was filed [deposited with the United States
	Postal Service].
	(e)  A regulatory agency may provide that a permit
	application expires on or after the 61st [45th] day after the date
	the application is filed if:
	(1)  the applicant fails to provide documents or other
	information necessary to comply with the agency's technical
	requirements relating to the form and content of the permit
	application;
	(2)  the agency provides to the applicant not later
	than the 10th business day after the date the application is filed
	written notice of the failure that specifies the necessary
	documents or other information required to complete the application
	and the date the application will expire if the documents or other
	information is not provided; and
	(3)  the applicant fails to provide the specified
	documents or other information within the period [time] provided in
	the notice.
	(e-1)  A permit application may not expire before the 11th
	business day after the date the regulatory agency provides the
	applicant with the notice described by Subsection (e)(2).
	(f-1)  A regulatory agency may not deny a permit application
	based on a requirement for the applicant to comply with any
	ordinance, order, regulation, or policy that is not substantially
	related to the purposes for which the permit is required.
	SECTION 5.  Section 245.004, Local Government Code, is
	amended to read as follows:
	Sec. 245.004.  EXEMPTIONS. This chapter does not apply to:
	(1)  a permit that is at least two years old, is issued
	for the construction of a building or structure intended for human
	occupancy or habitation, and is issued under laws, ordinances,
	procedures, rules, or regulations adopting only:
	(A)  uniform building, fire, electrical,
	plumbing, or mechanical codes adopted by a recognized national code
	organization; or
	(B)  local amendments to those codes enacted
	solely to address imminent threats of destruction of property or
	injury to persons;
	(2)  municipal zoning regulations that do not affect
	landscaping or tree preservation, open space or park dedication,
	property classification, lot size, lot dimensions, lot coverage, or
	building size or that do not change development permitted by a
	restrictive covenant required by a municipality;
	(3)  [regulations that specifically control only the
	use of land in a municipality that does not have zoning and that do
	not affect landscaping or tree preservation, open space or park
	dedication, lot size, lot dimensions, lot coverage, or building
	size;
	[(4)]  regulations for sexually oriented businesses as
	defined by Section 243.002, massage parlors as defined by Section
	234.101, or game rooms as defined by Section 234.131;
	(4) [(5)]  municipal or county ordinances, rules,
	regulations, or other requirements affecting colonias;
	(5) [(6)]  fees imposed in conjunction with
	development permits;
	(6) [(7)]  regulations for annexation that do not
	affect landscaping or tree preservation or open space or park
	dedication;
	(7) [(8)  regulations for utility connections;
	[(9)]  regulations to prevent imminent destruction of
	property or injury to persons from flooding that are effective only
	within a flood plain established by a federal flood control program
	and enacted to prevent the flooding of buildings intended for
	public occupancy;
	(8) [(10)]  construction standards for public works
	located on public lands or easements; or
	(9) [(11)]  regulations to prevent the imminent
	destruction of property or injury to persons if the regulations do
	not:
	(A)  affect landscaping or tree preservation,
	open space or park dedication, lot size, lot dimensions, lot
	coverage, building size, residential or commercial density, or the
	timing of a project; or
	(B)  change development permitted by a
	restrictive covenant required by a municipality.
	SECTION 6.  Chapter 245, Local Government Code, is amended
	by adding Sections 245.008 and 245.009 to read as follows:
	Sec. 245.008.  PROCEDURES AND PERIOD FOR APPROVAL OR DENIAL
	OF PERMIT APPLICATIONS; PROHIBITED PERMIT REQUIREMENTS. (a)
	Except as provided by Section 214.904, 233.901, or other law that
	provides for a shorter period, a regulatory agency shall approve or
	deny an application for a permit not later than the 60th business
	day after the date the regulatory agency received the completed
	application.
	(b)  A regulatory agency may extend the period under
	Subsection (a) for approving or denying an application by an
	additional 10 business days if the regulatory agency provides
	written notice of the extension to the applicant during that period
	stating the reasons the regulatory agency has been unable to grant
	or deny the permit application during that period. A regulatory
	agency may not extend the period for the regulatory agency to grant
	or deny an application under this subsection more than once.
	(c)  If a regulatory agency fails to approve or deny a
	completed application as provided by this section, the application
	is considered to be approved.
	(d)  If a regulatory agency denies a permit application, the
	regulatory agency must send written notice of the denial to the
	applicant not later than the first business day after the date of
	the denial stating:
	(1)  each application deficiency that is a reason for
	the denial, including a citation to the specific ordinance, order,
	regulation, or policy relevant to the denial; and
	(2)  the specific actions required by the applicant to
	remedy each specified deficiency.
	Sec. 245.009.  EXPEDITED PERMITTING PROCEDURES. (a) This
	title does not prohibit a political subdivision from adopting
	procedures to provide a shorter period than provided by law for the
	approval of a permit.
	(b)  Any ordinance, order, regulation, or policy providing
	procedures for the expedited approval of a permit must comply with
	the requirements of this chapter.
	(c)  A procedure authorized by this section may not:
	(1)  restrict or prohibit the right of an applicant to
	reapply for a permit that was the subject of a denied permit
	application;
	(2)  require a private employer to offer wages higher
	than the wages required under Chapter 62, Labor Code;
	(3)  authorize on-site monitoring of a private employer
	by a nongovernmental entity; or
	(4)  require an applicant for an expedited permit to
	comply with an ordinance, order, regulation, or policy that is not
	substantially related to the purposes for which the permit is
	required.
	SECTION 7.  Section 245.002(g), Local Government Code, is
	repealed.
	SECTION 8.  The changes in law made by this Act apply only to
	a permit application filed on or after the effective date of this
	Act. An application filed before the effective date of this Act is
	governed by the law in effect immediately before the effective date
	of this Act, and the former law is continued in effect for that
	purpose.
	SECTION 9.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect December 1, 2017.